Madras High CourtCRL OP(MD)/14700/2021dismissed

Muthuramalingam v. The Inspector Of Police

2021-09-30Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.14700 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.14700 of 2021 Muthuramalingam, ... Petitioner/Accused Vs State Rep by The Inspector of Police, Kamudhi Police Station, Ramanathapuram District.

(Crime No.642 of 2021). ... Respondent/Complainant For Petitioner : M/s. Pughalendhi.Tiru, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.642 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Section 379 IPC and Section 21(1) of Mines and Mineral (Development and Regulation) Act, 1957, in Crime No.642 of 2021, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported one unit of river sand by using a Tractor.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

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CRL OP(MD). No.14700 of 2021

4. The learned Government Advocate (Crl. Side) opposed for grant of bail on the ground that the petitioner is having three previous cases. The details of the previous cases are as follows: (i) Keelaparalachi Police Station - Cr.No.33/14, u/s. 147, 148, 294(b), 324 and 307 IPC (ii) Keelaparalachi Police Station - Cr.No.28/19, u/s. 109 and 41(ii) Cr.P.C.

(iii) Kamuthi Police Station - Cr.No.607/21, u/s. 24(i) Tobacco Act.

5. Considering the nature of mineral involved and the antecedent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 30/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Inspector of Police, Kamudhi Police Station, Ramanathapuram District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.14700 of 2021 Date : 30/09/2021 TR/JC/SAR-III(06.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2